Common questions about e-dealing.

On this page:

Information on office processes

How can I get assistance to set up our office processes and procedures to cope with e-dealing?

Moving to e-dealing may have an impact on your day-to-day business processes.

The New Zealand Law Society website provides e-dealing Workflow Guidance (in the Property Law Section) to assist your firm to set up your internal processes to suit an e-dealing environment.

LINZ has developed a selection of business implementation tools across a range of commonly raised issues affecting firms, from sign off protocols to knowing compliance review policy, managing risk and how to process when Landonline is not available.

Discharges

I am discharging a mortgage but the mortgagee name is shown incorrectly on the mortgage.

This generally occurs where one bank has acquired another bank. There should be evidence of the takeover by way of a vesting or other such documentation that shows a clear successive linking.

Transfers

Can a transfer under the Local Government (Rating) Act 2002, be done by e-dealing?

Transfers for abandonment of land under section 77 of this act are e-capable.  When Preparing the Transfer, Part of Land/ Complex mode should be used and the Council must be named in the ‘Third Party Transferor’ field.  An image of the court order must be attached to the Transfer as evidence of the Councils authority to authorise the transfer.

Note Transfers under section 81 where the council is the purchaser of abandoned land, or under sections 67-76 where rates have not been paid, must be lodged manually.

How do I complete an e-dealing for a company in receivership or liquidation?

  1. Completing the A&I form
    • Record the client name as [Company name] in receivership/liquidation.
    • The A&I form need only be signed by the Receiver or Liquidator. The directors of the company do not need to sign the A&I form.
    • Photo ID is required from the Receiver or Liquidator.
  2. Preparing the instrument
    • Record the client name as [Company name] with no additional text
    • A recital that the company is in receivership or liquidation should be included in the electronic instrument to comply with s259 of the Companies Act 1993. To do so you should add text to the instrument as follows: ‘[Company name] is in liquidation/receivership, notified in the Gazette 20.. Page…’. Adding text will cause the instrument to step down to LODGE for LINZ staff to check.

Can trusts be shown on the Register?

No, Section 128 of the Land Transfer Act 1952 expressly prohibits trusts being noted on the Register.

Why does the system break my shares down to the lowest common denominator?

The reduction to lowest common denominator is a practice agreed between the Registrar-General of Land and New Zealand Law Society representatives. The code that derives the lowest common denominator is very complex and in the heart of Landonline processing. It could not be easily changed, but has been in place since prior to the inception of e-dealing.

Transmissions

Do you still need a paper transmission as well as the statutory declaration?

A paper transmission is not required. A paper transmission by itself is not sufficient evidence of the practitioner's authority for the Registrar-General of Land's audit purposes. An A&I form and statutory declaration needs to be completed and held with any Death Certificate, Probate etc. The transmission instrument is prepared electronically using the e-dealing template. Refer to the Registrar-General of Land e-dealing Compliance Review Page 4.

Is the Date Acquired field Date of Death?

Survivorship – Date of Death is only applicable for this type of transmission

Executor/Administrator – date probate or Letters of Administration have been issued

Official Assignee – court order of adjudication is a prerequisite, enter the date of the court order in the Date Acquired field

Company – removed from the Register (Sec 324), or for an amalgamation (Part 13) date of the court order or resolution

Bona Vacantia – date of vesting to Her Majesty the Queen

When you submit a Transmission as survivorship, is it AUTOREG?

Yes, in most instances this will be AUTOREG but in the following cases it will step down to Lodge:

  • If the Transmission was created in Complex/Exception mode
  • If there is a Caveat, or pending Caveat against the title, which LINZ needs to check in terms of the Succession (Homicide) Act 2007 (note it will fail business rule T031)

Settlement issues

What happens if the Conveyancing Professional is not available to sign on settlement day?

It is preferable to securely sign in advance of settlement and therefore a Conveyancing Professional may not be needed on settlement day. The instrument signed in advance can be Released by a Primary Contact as part of settlement. As an e-dealing cannot be submitted until all instruments in the dealing are Released, advance signing is a secure option.

The Authority and Instruction form (A&I) is addressed to the firm, allowing any Conveyancing Professional with certify and sign rights to be able to sign the instruments. It is not necessary to change the Conveyancing Professional named in the instrument for a substitute to sign.

We have completed settlement but when I went to submit the dealing it was rejected. The other side is saying they have met their obligations and won't co-operate...what should I do?

This should not occur if the pre-validate option is used prior to settlement and the dealing is submitted immediately following settlement. It depends on the reason for the rejection and whether it was a problem with the other side's documents. Contractually the vendor is obliged to pass clear title.754

The same principles would apply if this occurred in the paper environment although there are more safeguards with e-dealing. The NZLS e-dealing consultant may be of assistance in these situations. Email e-dealing.consultant@lawyers.org.nz or phone 0800 745 754.

New titles

I have a new title dealing. Do I have to wait for new titles to issue?

No. The dealing may be created as soon as the pre-allocated title numbers are known. A warning will display advising you that they are not live titles and by clicking OK you can proceed.

Requests

Who can create a request to withdraw an instrument or dealing?

Any user can create the request, but only a user with the "Withdraw Dealing" privilege will be able to "Send" a request to withdraw a dealing or instrument.

Does the Titles – Trustee Change request type apply to both companies and private individuals?

This request type is for notices under the Friendly Societies and Credit Unions Act, which advises LINZ of changes to the trustees who are authorised to sign on behalf of Friendly Societies and Credit Unions.

I was told that only one person can have Withdraw Dealing privilege, is that correct?

Multiple users in a firm can have this privilege. The System Manager can assign the privilege.

In what instances would you use the request type of Titles - Dealing Correspondence?

  • Requests for extensions of time for requisitions

  • Requests for fee extensions

  • Any supporting documentation, e.g. correspondence/discussion with LINZ that occurred prior to the dealing being lodged

Why does the message "Message 20534 - You cannot send this request before the linked dealing has been submitted to LINZ." appear when I click "Send" on a request to clarify or review a rejection?

Image of error 20534

This message is telling you that the dealing needs to be LODGED with LINZ, i.e. not at a final status like rejected, withdrawn. Remove the dealing number and add that information to the Notes/Comments field. The dealing number in this instance is not a mandatory field.

Attaching images or adding text

How can I see if I have attached the correct image?

Click on the Preview button or click on the Add Image button to check that the correct image has been attached.

How can I replace an image or change text?

There are buttons on the Attach Image screen that allow an image to be either replaced or removed. Additional text is edited or deleted by clicking on the Add Text button and editing, and then clicking OK to save any changes.

Can initials and signatures appear in an image?

Some image attachments will be in a format which properly includes initials and signatures. Examples are: a Consent for which there is no certification available in the Workspace or an image of a transfer of shares attached to a transfer of a Licence to Occupy.

Initials and signatures in respect of an image attachment containing, for example, additional terms and conditions in a transfer, are not required but LINZ would not object, unless the initials and signatures create a conflict with the certifications in respect of that instrument.

How do I add a clause to an instrument?

Ensure you are in complex mode to access Add Text or Attach Image buttons.
If it's a simple trustee limitation clause or a mortgage in substitution clause, there is sufficient space to use the Add Text button.

Where should I store an A&I document on my computer so that I can retrieve it if I need to attach it as an image?

If you're saving the A&I form, click the Save & Copy button on the A&I form screen. You can save the document anywhere you wish on your own computer. If you want to be able to attach this as an image you should check that you can attach images with your current internal firm set up to emails. An A&I form should NOT be added to Landonline instruments as an image.

If I can add an image, does that mean I can attach a diagram rather than a survey?

No, if a survey is required in paper, then that will still apply for a Lodge dealing.

What qualifies as an image? Can I write it on a brown paper bag and attach as an image?

Images should be prepared on standard A4 size, cream or white paper. In order to ensure a viewable image appears in the register, the contents of the image should be completed in dense blue or black ink.

If image visibility is compromised, LINZ may refuse to complete registration unless the image is resubmitted in an appropriate format.

How do we edit an image if an e-dealing has been requisitioned?

If your image is the reason for the requisition, you need to edit the original document. Use replace image button or remove button and attach the new image.

Rejections and requisitions

Can I delete a requisitioned instrument?

No, you should request that the instrument be withdrawn from registration.

When would an instrument be requisitioned for an e-dealing?

The reasons are the same as those for the paper process.

  • Requisitions are for minor errors to an instrument.

  • Rejections are for something that is not able to be registered or major errors.

The Registrar-General of Land sets the standards and guidelines for LINZ staff on why instruments should be rejected or requisitioned.

How does the other party know that the dealing has been requisitioned?

The other party will see the dealing has moved from the Lodge folder to the Requisitioned folder in Workspace.
The notice is only sent to the submitting firm. If the vendor's side need to make amendments then the submitting firm needs to communicate with them and revert the instrument status to Signed to enable it to be edited.

Who pays for the resubmission fee for a rejected or requisitioned dealing?

The party responsible for fees in the Create Dealing screen for that instrument will be charged by LINZ. Any variation from this will need to be negotiated between parties.

Compliance reviews

If I sign as a locum for another person in my firm or need to sign as power of attorney in a CP's absence, who should keep copies of the A&I form and supporting evidence for compliance review?

The compliance review request will be sent to the solicitor who certified and signed the instruments. These instruments are requested by dealing number and client reference.

Good practice suggests that if you are acting in one of these situations, you should request that the firm sends the information or advises you on how you can locate the details in their filing system.

Banks instructions are sent by email with no signature. Is this ok to supply for compliance review?

Yes, for compliance review the entire bank letter and email should be supplied.

General information

How do we find out who is our System Manager for Landonline?

Ask the Trusted Contact in your firm in the first instance, or ring 0800 support. The System Manager will have the 'System Manage' icon in their workspace tree.

What is the timeframe for me to be notified that my LODGE dealing was rejected?

LINZ standard processing times apply, i.e. 10 working days to complete a lodged dealing. The notice will be generated as soon as LINZ has completed the rejection details.

The Primary Contact who submitted the dealing will receive:

  • online notification in My Messages folder and copy of the rejection notice

  • an email rejection notice

A copy of the e-dealing with a new dealing number and the rejected icon will be displayed in the Workspace Tree.

Can you withdraw an instrument and re-lodge it in the same dealing, and is there an additional fee for doing this?

When an instrument is withdrawn, that particular instrument cannot be re-lodged in the same dealing, but another instrument of the same type can be added. Fees are not charged for the withdrawn instrument but will be charged for any new instrument.

Address for service of caveator – can an email address be entered as well as the name of who you want to receive it?

Section 137(2)(f) Land Transfer Act requires an address for service. Provision has been made in Section 240B(1)(e) Land Transfer Act that when this Act specifies that the Registrar must give a notice to any person but does not specify how it is to be given, the notice may be given by electronic mail or other similar means of communication if the person has nominated an email or similar address. You would need to make it clear that email is the preferred method of delivery for the notice.

As a Joint Family Home (JFH) notice is printed, do we also have to receive this by email?

No. If you update your notice preferences and uncheck the Email Optional column, you will only get the printed notice.

Do you still need to use the standard consent form, or can you use whatever you receive from the institutional charge holder?

The prescribed form should be used. It is acceptable to use a different form if the content is not materially different from the prescribed form. For an example of the consent form, refer to: TorrensTalk December 2002 (issue 23).

What happens to dormant dealings?

If you have an e-dealing that remains in Workspace for an extended length of time, Landonline sends a Dormant Transaction Reminder Notice to the Primary Contact. The Dormant Transaction Reminder Notice advises the date on which the e-dealing will be automatically deleted from Workspace. If the Primary Contact takes no action by this date, Landonline deletes the e-dealing and sends a Dormant Expiry Notice to all Primary Contacts and Conveyancing Professionals involved with the e-dealing.

If you want the e-dealing to remain in Workspace, edit and save the e-dealing. This resets the last modified date so that Landonline recognises it is no longer a dormant transaction.

Why does the attached image unlink when you change the order of the instruments in an e-dealing?

Changing the order of the instruments will not unlink an attached image. It will however unlink an attached image and clear any certification and signing if you edit the title reference in the enter titles screen by either adding a title or removing a title.

Is there any chance the rules will be changed around adding trusts to the register?

Not at this stage. The Land Transfer Act restricts the disclosure of trusts on the register.

You can add this information to A&I form but it cannot be entered on the Certificate of Title.

How can TA staff know that the conveyancer or solicitor has completed the registration?

TA staff should request the conveyancer/solicitor to either supply a copy of the title following registration e.g. a Post Registration Search (PRS), or other evidence that the change has been completed.

What makes an instrument step down to Lodge?

Your instrument will step down to Lodge if you click on the Add Text or Add Image button, enter text in the Clarify Intent field or Description of Part field or if the title type requires manual action by LINZ (eg a Licence to Occupy requires LINZ to send notices or update the share certificate).

What does Pre-Validate check in a Lodge instrument?

Exactly what it checks now. It checks that all mandatory fields have been completed. It cannot check spelling, image content or any free text fields.

Why does the Auto Reg instrument not register instantly on submission when there are both Auto Reg and Lodge instruments in the e-dealing?

When an instrument steps down to Lodge the whole dealing will step down to Lodge. This allows the e-dealing to be processed together and registered at the same time.

Can I get documents pre-checked by LINZ staff prior to attaching it to an instrument?

No, this is not a service that LINZ provides. When you submit an e-dealing with any Lodge instruments, these are then checked by LINZ staff and the e-dealing is registered, rejected or requisitioned.

Can another Lodge or paper dealing take priority if submitted after my Lodge e-dealing?

No, when you submit the dealing to LINZ you have priority from the date and time submitted. Anything lodged after that time, paper or electronic, will queue behind your dealing.

If my Lodge dealing is requisitioned what is the timeframe allowed for re-submission?

The timeframe is the same as that for the paper process. You are given two months from the date of notice. If you have trouble getting this completed in the timeframe, you can request an extension in writing.

Who releases the instrument for the transferors if there is more than one conveyancing professional involved?

The person whose name appears in the first line in the Roles area of the Create Dealing screen is responsible for releasing the instrument.

Can I change the details of the document once released from the vendor's side?

No, Release 3.0 introduced the new Revert to Signed option. This means once an instrument is released, only the submitting firm can Revert to Signed allowing edits.

When the instrument reverts to signed the usual guidelines apply. If an instrument is edited, it will clear any signing and pre-validation details and will need to be re-signed, certified, pre-validated and then released.

Who is responsible for creating the dealing when completing back-to-back dealings?

The ultimate purchaser would create the dealing, However, you can negotiate with all parties involved as to who will do this.

If I represent a first purchaser, can I add another on sale to the dealing?

Yes, instruments can be added until the dealing is submitted.

Can I sever the joint tenancy in one transfer?

If there is a legal and equitable interest, joint owners can transfer one or part of their interest of several owners jointly. The case in support of this is Samuel V DLR 1984 NZLR.